DETAILED ACTION
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 33 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 33 recites the limitation "the presence of the polymorph precursor" in line 2. There is insufficient antecedent basis for this limitation in the claim.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 9 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 9 is dependent upon claim 8 and recites “the metal carbonate particles are calcium magnesium carbonate particles”, while claim 8 recites “the metal carbonate particles are calcium carbonate particles”. Thus, claim 9 fails to further limit the subject matter of the claim upon which it depends.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-11, 17-19, 21-22 and 29 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen et al. (US 20160355436 A1), hereinafter referred to as CHEN.
Regarding claim 1, CHEN teaches a method of producing a building material (paragraph [0187]: carbonate compounds, which may be amorphous or crystalline (e.g. vaterite), are precipitated; this precipitate may be the self-cementing composition product and may be stored as is or may be further processed to make the cement products), the method comprising:
preparing a carbonate precipitate comprising an undifferentiated pluripotent polymorph precursor (paragraph [0036]: metastable polymorphic forms of calcium carbonate such as vaterite, amorphous calcium carbonate, a precursor phase of vaterite, a precursor phase of aragonite, an intermediary phase that is less stable than calcite, polymorphic forms in between these polymorphs, or combination thereof); and
processing the carbonate precipitate under conditions sufficient to produce the building material (paragraph [0187]: conditions or precipitation conditions sufficient to produce a precipitated carbonate compound).
Regarding claim 2, CHEN teaches the method according to claim 1, wherein the carbonate precipitate is dewatered (paragraph [0194]: the resultant precipitated carbonate compound composition may be separated from the mother liquor or dewatered to produce the precipitate product).
Regarding claim 3, CHEN teaches the method according to claim 1, wherein the carbonate precipitate is comprised in a carbonate slurry (paragraph [0196]: the production of slurry of a CO2 sequestering precipitate and mother liquor).
Regarding claim 4, CHEN teaches the method according to claim 3, further comprising drying the carbonate slurry (paragraph [0202]: the method further comprises drying the precipitate).
Regarding claim 5, CHEN teaches the method according to claim 4, wherein the processing the carbonate precipitate under conditions sufficient to produce the building material comprises rehydrating the dried carbonate slurry (paragraph [0202]: the method further comprises drying the precipitate; the method further comprises combining the composition with water).
Regarding claim 6, CHEN teaches the method according to claim 1, wherein the carbonate precipitate is comprised of metal carbonate particles (paragraph [0177]: methods to prepare the CO2 sequestering calcium carbonates).
Regarding claim 7, CHEN teaches the method according to claim 6, wherein the metal carbonate particles are alkaline earth metal carbonate particles (paragraph [0177]: methods to prepare the CO2 sequestering calcium carbonates).
Regarding claim 8, CHEN teaches the method according to claim 7, wherein the metal carbonate particles are calcium carbonate particles (paragraph [0177]: methods to prepare the CO2 sequestering calcium carbonates).
Regarding claim 9, CHEN teaches the method according to claim 8, wherein the metal carbonate particles are calcium magnesium carbonate particles (paragraph [0081]: the carbonate minerals in the composition of the invention may also be present in combination with calcium magnesium carbonate minerals).
Regarding claim 10, CHEN teaches the method according to claim 1, wherein the polymorph precursor is an amorphous polymorph precursor (paragraph [0036]: metastable polymorphic forms of calcium carbonate such as vaterite, amorphous calcium carbonate, a precursor phase of vaterite, a precursor phase of aragonite, an intermediary phase that is less stable than calcite, polymorphic forms in between these polymorphs, or combination thereof).
Regarding claim 11, CHEN teaches the method of claim 1, wherein the polymorph precursor is selected from the group consisting of: vaterite precursor, calcite precursor, aragonite precursor, dolomite precursor and proto-dolomite precursor (paragraph [0036]: metastable polymorphic forms of calcium carbonate such as vaterite, amorphous calcium carbonate, a precursor phase of vaterite, a precursor phase of aragonite, an intermediary phase that is less stable than calcite, polymorphic forms in between these polymorphs, or combination thereof).
Regarding claim 17, CHEN teaches the method according to claim 1, further comprising combining the carbonate precipitate with a seed structure (paragraph [0193]: precipitation conditions may also include factors such as the presence of seed crystals).
Regarding claim 18, CHEN teaches the method according to claim 17, wherein the seed structure is crystalized (paragraph [0193]: precipitation conditions may also include factors such as the presence of seed crystals).
Regarding claim 19, CHEN teaches the method according to claim 18, wherein the seed structure is selected from calcite, aragonite, vaterite, and dolomite (paragraph [0130]: adding an aragonite seed).
Regarding claim 21, CHEN teaches the method according to claim 19, wherein the carbonate precipitate comprises an impurity (Table 1: 83 wt% of vaterite and 17 wt% of calcite/impurity). According to MPEP § 2111, the proper claim interpretation includes giving claims their broadest reasonable interpretation in light of the specification. Therefore, for the purpose of the claim interpretation, the Examiner treats the limitation “impurity” according to the specification, paragraph 4, p. 14 defining "impurity" as a material or substance that is not an intended product. Based on CHEN’s disclosure that the precipitate contains vaterite and the stabilizer (paragraph [0194]), it is assumed that the vaterite is an intended product. Thus, CHEN description of the product comprising vaterite and calcite described in Table 1 is interpreted as main product (vaterite) comprising impurity (calcite).
Regarding claim 22, CHEN teaches the method according to claim 21, wherein the impurity is selected from a sludge waste and calcite (Table 1: 83 wt% of vaterite and 17 wt% of calcite/impurity).
Regarding claim 29, CHEN teaches the method according to claim 1, wherein processing the carbonate precipitate under conditions sufficient to produce the building material comprises maintaining a moisture level of the carbonate precipitate (paragraph [0204]: the stability of the vaterite is related to the optimized activation of the vaterite such that when the composition is combined with water, the vaterite transforms to aragonite resulting in cementation).
Claims 1, 17, 23-24 and 33 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Constantz et al. (US 20160121298 A1), hereinafter referred to as CONSTANTZ.
Regarding claim 1, CONSTANTZ teaches a method of producing a building material (paragraphs [0088-89]: the product carbonate material may be further manipulated and/or combined with other compositions to produce a variety of end-use materials; in certain embodiments, the product is combined with a hydraulic cement; and also of interest are formed building materials), the method comprising:
preparing a carbonate precipitate comprising an undifferentiated pluripotent polymorph precursor (paragraph [0064]: the carbonate compounds of the products; calcium carbonate minerals of interest include, but are not limited to: calcite, aragonite, vaterite; calcium magnesium carbonate minerals of interest include, but are not limited to dolomite); and
processing the carbonate precipitate under conditions sufficient to produce the building material (paragraph [0049]: divalent cations are introduced into a flowing liquid under conditions sufficient such that a non-slurry solid phase CO2 sequestering carbonate material is produced).
Regarding claim 17, CONSTANTZ teaches the method according to claim 17, further comprising combining the carbonate precipitate with a seed structure (paragraph [0067]: the method includes producing the solid phase CO2 sequestering carbonate material in association with a seed structure).
Regarding claim 23, CONSTANTZ teaches the method according to claim 17, wherein the seed structure comprises rocks or minerals (paragraph [0070]: the seed structures may be naturally occurring, e.g., naturally occurring sands, gravels, etc., or man-made, such as pulverized rocks).
Regarding claim 24, CONSTANTZ teaches the method according to claim 23, wherein the rocks or minerals are selected from aggregate, waste concrete, tropical sands, limestone and fine waste dust comprising CaCO3 (paragraphs [0070-71]: the seed structures may be naturally occurring, e.g., naturally occurring sands, gravels, etc., or man-made, such as pulverized rocks; and seed structure may be coarse aggregates, such as friable Pleistocene coral rock, e.g., as may be obtained from tropical areas (e.g., Florida) that are too weak to serve as aggregate for concrete).
Regarding claim 33, CONSTANTZ teaches the method according to claim 1, further comprising evaluating the carbonate precipitate for the presence of the polymorph precursor (paragraph [0178]: SEM images at equivalent magnification exhibit a difference between non aggregated/soft precipitate and the microstructure of the hard scale. The hard scale contains a continuous phase of carbonate adhering common precipitate particles. X-ray Diffraction results indicated that the hard scale was predominantly calcite (74%) with a complimenting amount of aragonite (20%) and the remainder being sodium chloride residual). CONSTANTZ teaches SEM imaging, which reads on limitation “evaluating”.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Constantz et al. (US 9707513 B2) discloses solid carbonate products being produced using a precipitation protocol, e.g., a protocol which results in the production of a slurry that includes precipitated carbonate products (Col. 32, lines 5-9).
Maurer et al. (US 20170137299 A1) discloses a method for producing a precipitated calcium carbonate and, in particular, a precipitated calcium carbonate product having an increased weight percent of the aragonitic crystal polymorph (paragraph [0002]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANASTASIA KUVAYSKAYA whose telephone number is (703)756-5437. The examiner can normally be reached Monday-Thursday 7:00am-5:00pm.
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/ANASTASIA A. KUVAYSKAYA/Examiner, Art Unit 1731
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